IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

246 Date of decision: 02.02.2026 Shiv Pal and others ...Petitioner(s)

VERSUS State of Haryana and another ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. P. S. Hundal, Sr. Advocate with Mr. Gursahib Singh Hundal, Advocate;

Ms. Arshpreet Kaur, Advocate for the petitioner(s).

Dr. (Ms.) Malvika Singh, DAG Haryana.

*****

VINOD S. BHARDWAJ, J. (Oral)

1. The instant petition has been filed for seeking quashing of complaint bearing No.217/2009 dated 04.04.2008 under Sections 32/33 of the Indian Forest Act, 1927, the Forest (Conservation) Act, 1980 and Wild Life Protection Act, 1972 as well as order of summoning dated 25.11.2009.

Submissions by petitioner

2. Learned senior counsel for the petitioners contends that petitioner No.1 is a Contractor and is running his business in the name and style of New India Constructions Company (hereinafter referred to as ‘the Company’) and had undertaken a large number of contracts for laying of roads and widening thereof for and to the entire satisfaction of the Government, its Department(s) and Instrumentalities. It is submitted that vide memo No.15797 dated 08.11.2006, a contract was given to the company for the upgradation of the existing Billaspur Kapal Mochan, Dhanaura Road in Yamuna Nagar District (Package No.HR-19-04) and included its routine maintenance for five years, for a total contract value of Rs. 528.27 lakhs, with a stipulated completion period of nine months. The Executive Engineer, Provincial Division PWD (B&R), Naraingarh issued a certificate of ground verification, certifying that no forest land was involved along the entire road way. It is averred that the respondent alleged that Government of Haryana, vide Notification dated 06.07.1979 issued under Section 29 of the Indian Forest Act, 1927, placed various areas situated on both sides of railway tracks alongwith certain roads in the State of Haryana under the control and management of the Forest Department, Haryana to be treated and managed like a protected forest. The Billaspur Kapal Mochan link Road was shown at Sr. No.356 of the Scheduled annexed with the Notification dated 06.07.1979 reflecting that the provisions of the notification were applicable to the said road. He contends that the aforesaid Notification had been issued in exercise of powers under Section 29 of the Indian Forest Act, 1927 for declaring the strips of Govt. forest land or waste lands as Protected Forest without complying with the procedure prescribed therein.

3. He contends that much prior to the allotment of the work in favour of the petitioner, a meeting was held on 26.09.2005 in the Civil Secretariat Haryana in the Committee Room of the Chief Secretary, Haryana which was attended by the Financial Commissioner and Principal Secretary to Govt. of Haryana, Department of Forest and certain decisions were taken. Reference is made to the decisions taken in the said meeting and the same is extracted as under:-

“3. After detailed discussions, following decisions were taken in the meeting:-

(i) It was clarified by the forest department that berms and existing side slopes would not be a part of the protected forest for which a notification would soon be issued.

(ii) The forest department shall expeditiously process the cases of deforestation as soon as these are received from PW (B&R) Department without payment of NPV which shall be deposited subsequently when the approval of competent authority is received by the Forest Department. However, the works of the PW (B&R) Department not be stopped.

(iii) Officers/Officials of the Forest Deptt. would not launch proceedings under the Forests Act against the officers/officials of Public Works (B&R) Department and the Challan already issued shall be reviewed and efforts shall be made for withdrawing the same immediately.

(iv) Earth is required for maintenance of berms and the same shall be taken from the PWD land adjoining the side slopes provided the ex